Dismemberment, the separation of a limb from the body, is not as uncommon as you may think.
According to statistics compiled by the Amputee Coalition, roughly 185,000 dismemberments or amputations occur in the United States each year. Some of these happen as a result of disease, but almost half of all dismemberments arise as a result of trauma.
Trauma-related limb loss often stems from accidents, and incidents like car crashes are usually the result of careless or reckless behavior. Losing a limb, hand, or foot is life-altering. Not only do amputation injury victims suffer physically, but many also suffer emotionally and financially.
Victim of an Amputation or Dismemberment Due to a Negligent Accident in California? Let Us Help You
If you or a loved one has lost a limb in an accident caused by someone else, you have the right to file an amputation injury claim. For a complete review of your amputation injury case and to learn how much compensation you deserve, call us at (800) 310-1606. Our experienced amputation and dismemberment injury lawyers will help you successfully resolve your claim, from your free consultation to litigation.
What’s the Difference Between a Traumatic Amputation & a Surgical Amputation?
Amputation can happen in one of two ways: traumatic or surgical.
Traumatic amputation is the loss of a body part as a result of an accident or attack. For example, the force of being thrown from a bike causes a limb to be detached from the body. According to recent statistics, approximately 45% of amputations in the nation are trauma-related. Of the trauma-related dismemberment, more than 70% involve the upper limbs.
Surgical amputation refers to the process of a limb being purposely removed by a surgeon. This type of amputation is performed when the limb is infected or so badly damaged there is no other alternative than to remove it. Surgical amputations are not done without serious consideration – most are performed because of life-threatening complications.
However, some surgical amputations can be considered medical malpractice for these reasons:
- A doctor addresses a patient’s current condition improperly before a specific body part is amputated.
- A surgeon detaches the wrong limb from an individual’s body.
- Inadequate medical evidence backs a recommended amputation.
Any of these medical mistakes may lead to a personal injury claim against one or multiple parties at fault.
Although many surgical amputations are not trauma-related, many are performed after the victim has been involved in an accident or attack.
What are the Most Common Causes of Dismemberment in California?
Catastrophic accidents are frequently the cause of partial or complete dismemberment. But what types of accidents are more likely to result in an amputation injury?
Statistics show that motor vehicle accidents are the most common cause of amputation injuries in the U.S. Some other types of accidents responsible for dismemberment injuries are:
- Farming accidents
- Motorcycle accidents
- Firearm accidents
- Construction accidents
- Bicycle accidents
- Elevator accidents
- Pedestrian accidents
- Workplace accidents
Other causes of amputation injuries include:
- Malfunctioning or defective machinery
- Burns
- Electrocution
- Defective power tools
- Medical malpractice
Rehabilitation & Care for Amputation Injuries at a Glance
There’s a reason that amputation injuries usually qualify as catastrophic injuries. Amputation injury victims face permanent disabilities and often years of rehabilitation and medical care.
In most cases, rehabilitation begins immediately after surgery and continues until the victim reaches the highest level of function possible. The length of recovery depends on several factors, such as the severity of the injury, the degree of amputation, and any secondary injuries the victim may suffer.
Amputation injuries don’t just affect victims physically, however. The sudden and devastating loss of a limb can, unfortunately, drive many victims to suffer from severe mental health issues like depression, post-traumatic stress disorder (PTSD), and phantom limb phenomenon. Studies have shown that as many as 63% of amputation victims suffer from depression, and more than 50% suffer from some form of PTSD.
The Different Types of Amputation Injury Claims
Amputation injury claims are divided into the following:
Worker’s Compensation
Many amputations happen at work, primarily due to defective or incorrectly operated industrial equipment. Such accidents are classified as Worker’s Compensation or Workman’s Compensation cases.
If you file a Worker’s Compensation claim, you get insurance coverage for part of your medical expenses. Still, the amount may be less than what’s needed for your recovery. You’ll have to get more funds to cover the expenses associated with an amputated limb, then bring a personal injury case against your employer or other responsible party if you want.
How Worker’s Compensation Claims Work
First, make sure your employer provides you with a claim form or sends it to you within a day of learning about your injury. Alternatively, you can download the form online or contact the California Division of Workers’ Compensation’s Information and Assistance Unit.
After receiving or obtaining a claim form, fill out the “employee” section and send the document to your employer immediately. Sign and date the form, then keep a copy for your records before forwarding it. The original form should be submitted or mailed to your employer.
Next, the employer should complete the “employer” section and send the completed claim form to an insurance provider. A copy of the completed form should be given to you afterward; otherwise, ask for it and keep it for your records.
Ideally, the insurer processing your claim should send you a letter regarding the injury within 14 days. If there’s no response, contact the company for an update.
Personal Injury Lawsuit
Conversely, an amputation outside work is considered a personal injury case. You can recover maximum compensation through this claim if you prove the defendant’s negligence caused your injury.
These elements of negligence usually determine the outcome of personal injury cases:
- The party at fault had a duty of care to you.
- That duty was violated, resulting in an amputation.
- The defendant’s negligence contributed to your injury.
- You suffered specific damages after your accident. You’ll learn more about these damages later on.
If a faulty product amputated your limb, you can file a product liability claim against a manufacturer or seller. Strict liability applies to this personal injury claim, wherein an individual is held responsible for injuries despite the lack of fault or negligence.
Medical Malpractice
Some serious medical malpractice cases result in amputations from a careless medical professional. Like the typical personal injury suit, legal claims involving these errors require you to prove the medical provider’s negligence. The four elements of negligence listed above apply to amputation-related medical malpractice claims.
When to File an Amputation-Related Personal Injury Claim
California law gives you a specific amount of time to bring an amputation injury suit against a negligent individual or establishment. The sooner you sue responsible parties for compensatory damages, the more funds you can get.
Here’s a closer look at the statute of limitations for amputation injury lawsuits in California:
Personal Injury Lawsuits
These claims must be filed within two years from your injury. Those who have belatedly discovered injuries have a year to sue the negligent party.
Cases Involving the Government
Lawsuits against federal agencies or employees are generally filed within six months of the injury. However, you must wait for the government’s response before taking further action.
- Defendants in federal lawsuits must respond to your claim within 45 days.
- If your claim was rejected, you can take it to court. California law recommends filing a lawsuit within six months of receiving a rejection letter.
- If the government recognizes your claim, you must file it in court within two years of the accident.
Medical Malpractice Claims
Time limits for medical malpractice lawsuits vary by case.
- A claim can be brought within a year after discovering the injury or three years from the date of the injury.
- Exceptions include cases where medical professionals left objects inside your body and those involving younger patients (6 years old and below).
- More importantly, you must inform the responsible party(ies) about your legal claim through a written 90-day notice. The letter should mention why you’re suing the defendant(s) and the injuries and losses you’ve suffered.
Recovering Compensation for a Serious Amputation Injury
No amount of compensation can turn back time and prevent the accident from happening. Still, financial compensation can ensure you have the funds needed for:
- Medical bills issued for surgery and confinement
- Long-term medical care
- Rehabilitation and physical therapy
- Medical devices, particularly the costs of artificial or prosthetic limbs
- Prescription medicine
- Lost income or wages
- Lost earning capacity
- Disability
- Emotional distress
- Disfigurement and scarring
- Physical pain
- Other types of damages
An Important Note on Medical Malpractice Settlements
To help medical malpractice victims, including amputees, recover adequate compensation for their injuries, California enacted the Medical Injury Compensation Reform Act of 1975 (MICRA). The law previously set the maximum amount of pain and suffering damages obtained through a medical malpractice claim at $250,000. However, with Assembly Bill (AB) 35 signed into law in 2022, plaintiffs can recover more than the aforementioned amount.
For instance, compensation for injuries from medical malpractice, like an amputation, was first capped at $350,000 in 2023. This amount increases by $40,000 yearly until 2033. Moreover, AB 35 raised the maximum damages recovered through wrongful death claims to $500,000 in 2023, with subsequent amounts increasing by $50,000 yearly.
Your injury costs cannot be undervalued. Our California dismemberment injury lawyers will leave no stone unturned when calculating your medical care costs. We’ll work tirelessly to help you get what you deserve for past, present, and future care costs.
Contact Adamson Ahdoot LLP today by submitting a form or chatting with one of our friendly amputation lawyers.
More Statistics on Amputation Injuries
Beyond general amputation-related data, alarming work-related amputation statistics have been recorded.
In 2020, the U.S. Bureau of Labor Statistics reported that machinery caused 58% of work-related amputations in 2018. Parts and materials contributed to 15% of these incidents, while industrial tools caused 7% of amputations.
Furthermore, machines used for metal, woodworking, and special materials caused 1,660 amputations in 2018. Special process machinery came in second with 640 amputations.
The Occupational Safety and Health Administration (OSHA) also released concerning data about work-related amputations. Based on this information, 74,024 severe injuries were reported to the federal agency between January 1, 2015, and May 31, 2022, with a daily average of 27 workers either losing a body part (a limb or an eye) or getting hospitalized after injury. This number was recorded in half of OSHA’s covered states.
What If I Can’t Afford to Hire an Amputation Injury Lawyer?
If you’ve hesitated to take legal action because you’re concerned you can’t afford to hire a reputable amputation injury lawyer, don’t wait any longer to contact our firm.
At Adamson Ahdoot LLP, our personal injury attorneys take every case on a contingent basis, meaning you won’t need to pay any fees until we recover your money. Our firm will take care of all the initial case costs so that you can focus on your recovery without added stress or strain.
We also offer free case reviews, so there’s no reason to put off calling our office at (800) 310-1606. When you meet with one of our California amputation injury attorneys, we’ll listen attentively to your story and quickly determine the best legal option for you.